The corridors of the Supreme Court echo with deliberations that have far-reaching implications for the socio-political narrative of Jammu and Kashmir. The recent string of petitions challenging the government’s modifications to Article 370 and the subsequent removal of Article 35A has thrust this issue back into the limelight. In an era of evolving legal landscapes, the core debate centers around the constitutionality of these changes and their ripple effects on the region. The government’s recent affidavit staunchly defends its actions, contending that the revisions have ushered in positive outcomes across various domains, including the reduction of militancy,
Step into the spotlight as the Supreme Court’s gavel marks a pivotal moment in the Article 370 and 35A saga, reigniting focus on Jammu and Kashmir. Probe into the intricate tapestry of post-change repercussions, from economic upturns fueled by tourism and investments to the constitutional intricacies sparking debates in courtrooms. Uncover the diverse dimensions of this transformative shift shaping the region’s socio-political panorama.
infrastructural development, and the integration of Jammu and Kashmir with the national mainstream.
Notably, the region’s law and order situation has undergone a significant transformation, marked by a marked decrease in militancy and violence. The landscape has witnessed an influx of tourists, heightened investments, and a surprising absence of protests or disruptive incidents. The most remarkable development, perhaps, is the uninterrupted academic session conducted within the Valley’s educational institutions—an unprecedented event in over three decades.
However, amidst these success stories, a more nuanced perspective unfolds. While the three-tier panchayati raj system endures, the prospect of imminent Assembly elections remains elusive. The last Assembly elections in Jammu and Kashmir took place in 2014. The region’s political dynamics took a decisive turn when the Bharatiya Janata Party (BJP) withdrew from its coalition government with the People’s Democratic Party (PDP) on July 19, 2018. Consequently, the region found itself under Central rule, with the Assembly being dissolved on November 21, 2018. This episode of prolonged Central rule stands as the second-longest in Jammu and Kashmir’s history, paralleling a period of heightened militancy between January 1990 and October 1996.
Arising from Article 370, Article 35A granted the Jammu and Kashmir Assembly the authority to define permanent residents, delineate their special rights, and confer privileges. According to the Jammu and Kashmir Constitution, individuals who were state subjects as of May 14, 1954, or had accumulated a cumulative residence of 10 years within the state were deemed permanent residents. This exclusive status bestowed the right to purchase and own property within the state. Article 35A was introduced through a Presidential order in 1954, circumventing the conventional parliamentary amendment process.
Security Situation Post Article 370 Removal:-
- High Security Presence and NIA Actions- Increase in security measures, including NIA actions, contributed to reduced stone pelting and terrorism.
- Decline in Stone Pelting- Data shows a decline in incidents of stone pelting and injuries to security forces.
- Reduction in Pellet Gun Injuries- Significant decrease in injuries caused by pellet guns.
- Law and Order Incidents- Only 20 law and order incidents in J&K in 2022.
Militant Activity and Arrests:-
- Increased Arrests of Militant Workers: – Higher number of arrests of militant workers; “Acts of terrorism” decreased by 32% post Aug 5, 2019.
- Decrease in Deaths: – Decrease in security forces’ and citizens’ deaths.
Challenges and Fragility:-
- Civilian Killings: – Civilian killings in 2021 and 2022 expose security vulnerabilities.
- Recent Spike: – Many civilian deaths occurred in year 2022.
Cross-Border Drone Attacks: –
Killings aided by cross-border drone weapons drop and alleged ‘part-time’ militants.
- Targeting Hindu-Dominated Areas:- Attempts observed to attack Hindu-dominated areas in Jammu.
- Hindu Civilian Killings:- Hindu civilian killings in Jammu in 2022 after years.
- Frequent Infiltration and Armed Clashes:- Frequent infiltration and armed clashes with elusive attackers in Jammu.
Major Infrastructure Changes and New Projects:-
- Restoration of Peace and Developmental Activities: – After Article 370 abrogation, restoration of peace and development activities stand out as significant achievements.
- Investment Ventures:- Ongoing investment endeavors amounting to approximately Rs 25 thousand crore, alongside pending proposals exceeding Rs 80 thousand crore in the pipeline.
Infrastructure Development:
- Abrogation led to increased focus on infrastructure; numerous projects and policies introduced.
- Roads and Tunnels: Rapid construction of roads and tunnels, connecting remote locations through solar-powered fiber optic cables.
- Elevated Light Metro Rail System: Expected rollout in 2022-23 to reduce traffic congestion in Srinagar and Jammu.
- National Highway Projects: Foundation stone laid for 25 National Highway projects; rapid execution of roads, tunnels, and basic infrastructure in J&K.
The watershed moment arrived in August 2019 when the government, through two Presidential orders, revoked Jammu and Kashmir’s special status. The first order introduced an interpretational clause to facilitate the Governor’s role in lieu of the dissolved Constituent Assembly. Subsequently, the second order extended the entirety of the Indian Constitution to Jammu and Kashmir, superseding the 1954 Constitution (Application to Jammu and Kashmir) Order. Moreover, the region was bifurcated into two distinct Union Territories: Jammu and Kashmir, and Ladakh, each endowed with its distinct legislative prerogatives.
The legal discourse is punctuated by opposing viewpoints. Critics argue that the revocation process might not have adhered to constitutional norms. They emphasize that modifications to Article 370 necessitated recommendations from the Jammu and Kashmir Constituent Assembly, a separate entity from a Legislative Assembly. The employment of the Governor’s concurrence while the Assembly was dissolved has raised concerns over the erosion of federal spirit and the ascent of centralization. Moreover, making permanent alterations to a state under President’s rule sans voter consent is deemed ethically contentious.
In the current landscape, a palpable transformation unfolds. Militancy’s ebb is substantiated by diminished encounters and a notable decline in local militant recruitment. The once-potent separatist voices have been hushed, and several leaders find themselves under detention or choosing a subdued stance. Tourism has experienced a renaissance, with over 2.3 million visitors in the year 2022. Investments have surged since the abrogation of Article 370, spurred by a novel industrial policy.
In culmination, the Supreme Court’s contemplation of the constitutionality of Article 370’s revocation and Article 35A’s annulment ushers in a watershed moment for Jammu and Kashmir. The ramifications ripple through legal, political, and societal spheres, bearing testimony to the intricate interplay between historical precedents, constitutional interpretations, and contemporary transformations.
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